New Mexico Statutes
Article 11 - Pharmacy
Section 61-11-22 - Exemptions from act. (Repealed effective July 1, 2024.)

A. The Pharmacy Act does not apply to licensed practitioners in this state in supplying to their patients any drug if the licensed practitioner is practicing the licensed practitioner's profession and does not keep a pharmacy, advertised or otherwise, for the retailing of dangerous drugs.
B. The Pharmacy Act does not prevent:
(1) the personal administration of drugs carried by a licensed practitioner in order to supply the immediate needs of the licensed practitioner's patients;
(2) the sale of nonnarcotic proprietary preparations; or
(3) the possession, storage, dispensing, distribution, administration or prescribing of an opioid antagonist in accordance with the provisions of Section 24-23-1 NMSA 1978.
History: 1953 Comp., § 67-9-53, enacted by Laws 1969, ch. 29, § 21; 1997, ch. 131, § 24; 2016, ch. 45, § 3; 2016, ch. 47, § 3.
Delayed repeals. — For delayed repeal of this section, see 61-11-29 NMSA 1978.
The 2016 amendment, effective March 4, 2016, provided an exemption in the Pharmacy Act for the possession, storage, dispensing, distribution, administration or prescribing of an opioid antagonist in accordance with the provisions of Section 24-23-1 NMSA 1978; in Subsection A, after "practicing", deleted "his" and added "the licensed practitioner's"; in Subsection B, Paragraph (1), after "immediate needs of", deleted "his" and added "the licensed practitioner's", and added Paragraph (3).
Laws 2016, ch. 45, § 3 and Laws 2016, ch. 47, § 3 enacted identical amendments to this section. The section was set out as amended by Laws 2016, ch. 47, § 3. See 12-1-8 NMSA 1978.
The 1997 amendment, effective June 20, 1997, deleted "or poisons" following "drugs" in Subsection A.
Physicians providing drugs to patients. — A physician may keep a supply of drugs without obtaining a pharmacy license, but only to provide to his or her patients. The physician may provide drugs to his or her patients only in connection with his or her treatment of them. A physician may assess a reasonable charge for his services, including a charge for the drugs he or she supplies to his or her patients. 1988 Op. Att'y Gen. No. 88-49.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Drugs, Narcotics and Poisons § 69.
"Proprietary or patent medicine," what substances or commodities are within provision as to, in statute or ordinance, 76 A.L.R. 1207.

Structure New Mexico Statutes